Central Administrative Tribunal - Gauhati
Abhijit Barua vs Msme on 21 January, 2026
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CENTRAL ADMINISTRATIVE TRIBUNAL
GUWAHATI BENCH
Original Application No. 040/00066/2023
Date of order: This, the 21st day of January 2026
HON'BLE MR. SANJIV KUMAR, ADMINISTRATIVE MEMBER
Shri Abhijit Barua
Aged about 60 years
Son of Late Subodh Chandra Baruah
Resident of - Akash Housing Society
5th Floor, A/Block, Maligaon
Near Overbridge, District - Kamrup
Pin - 781012, Assam.
...Applicant
By Advocates: Sri H.K. Das
- Versus -
1. The Union of India
Represented by the Secretary
Ministry of Micro, Small and Medium
Enterprises, Government of India
Udyog Bhawan, Rafi Marg
New Delhi - 110001.
2. The Chairman cum Managing Director
National Small Industries Corporation
NSIC Bhawan, Okhla Industrial Estate
New Delhi, Pin - 110020.
3. The Chief General Manager (HR)
NSIC Ltd., "NSIC Bhawan"
Okhla Industrial Estate, New Delhi - 110020.
4. The Zonal Head (West)
National Small Industries Corporation Ltd.
Zonal Office, Office No. 505
5th Floor, Mittal Commercial Building
PRASANNA Digitally signed by
O.A. No.66/2023
PRASANNA
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2
Wing-B, Village - Marol, Off M.F. Road
Andheri (E), Mumbai-400059.
5. The Zonal General Manager
National Small Industries Corporation
North East, Bamunimaidam
3 Bye Lane, Bamunimaidam Industrial
Estate, Guwahati, Assam - 781021.
6. The Branch Head
National Small Industries Corporation
North East, Bamunimaidam
3 Bye Lane, Bamunimaidam Industrial
Estate, Guwahati, Assam - 781021.
7. The Senior Branch Manager
NSIC Ltd. 3rd Floor, Jahanara Kareem Complex
Balanagar, Hyderabad, Pin - 500037.
...Respondents
By Advocates: Sri P.J. Barman
Date of Hearing: 07.01.2026 Date of Order: 21.01.2026
ORDER
PER MR. SANJIV KUMAR, MEMBER (A):
This O.A. has been filed by the applicant seeking for a direction upon the respondents to release retirement benefits i.e. pension, gratuity, leave encashment, composite transfer grant, travelling allowance, transport allowance, amount of Group Saving Link Insurance (GSLI), Performance PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 3 Related Pay (PRP) w.e.f. 2016-17 with 18% interest till the date of actual receipt.
2. As per the applicant, he was an employee of National Small Industries Corporation Ltd (NSIC). He retired from service on 31.07.2022. During his service tenure, one disciplinary proceeding was initiated against him vide Order dated 08.05.2018 (Annexure-A/1), and the Disciplinary Authority had passed his final Order on 09.01.2020 (Annexure-A/9) by imposing a major penalty of "reduction of pay by five stages and the reduced pay will continue for a period of three years in the same scale of pay held by the applicant". Being aggrieved, he had filed an appeal on 30.01.2020 (Annexure-A/10) before the Appellate Authority and the Appellate Authority vide Order dated 11.03.2021 (Annexure-A/11) had confirmed the Order of the Disciplinary Authority. In the meantime, on 31.07.2022, the applicant retired from service. But till date, he has not received any retiral benefits.
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3. It has been submitted by the applicant that though the Sr. Branch Manager, NSIC Ltd vide Inter Office Memorandum dated 22.07.2022 had already forwarded the calculation sheet with regard to the Gratuity, EL & HPL to the Chief General Manager (HR) NSIC Ltd., New Delhi, but till date, he has not been paid any of the admissible amount. It has been further submitted by the applicant that during his service period, he had taken one House Building Advance from the respondents. Though that has already been settled, however, till date, the original documents are lying with the Respondents. Thereafter, the applicant had made one representation dated 10.08.2022 (Annexure-A/16) to release GSLI, but till date, no action has been taken by the respondents. Therefore, applicant has prayed for a direction upon the respondents for payment of the admissible amount of retiral benefits as reflected in their communication dated 22.07.2022 (Annexure-A/12), consider his representation and take appropriate action.
4. Respondent Nos. 2 to 7 has filed written statement wherein they stated that major penalty of reduction of his PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 5 pay by five stages for a period of three years imposed by the Disciplinary Authority vide Order dated 09.01.2020 which was confirmed by the Appellate Authority vide Order dated 11.03.2021 by observing that the applicant, while working as Branch Head at Branch Office, Guwahati from 24.04.2015 to 13.04.2016 (before that he was working as Manager-BDR), had failed to monitor the overdues position which resulted into overdues exceeding BG value taken as security and rendered the investment of the Corporation amounting to Rs. 5.28 crore as unsecured.
5. Respondents further stated that a complaint was lodged with CBI, ACB, Guwahati on 20.02.2017. The CBI had submitted its Preliminary Inquiry Report on 26.09.2017 and registered a FIR on 09.01.2018 in RC. 1(A)/2018-GWH, wherein names of four suspected accused officials including the applicant had been mentioned and the case is still under investigation by CBI, ACB, Guwahati. As per the respondents, as the matter is still under investigation by CBI, Guwahati and as the applicant is not PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 6 clear from vigilance angle, therefore, terminal benefits i.e. gratuity, EL/HPL cash encashment are withheld.
6. It has been further stated by the respondents that Communication dated 22.07.2022 was intra departmental initial calculation which was sent by B.O. Balanagar to HR Division, Head Office and it was not the final/admissible amount and was subject to further checking and verification and approval by the Competent Authority.
7. Respondents have stated that Composite Transfer Grant amount of Rs. 54184/- (Rupees Fifty four thousand One Hundred Eighty Four only) had been paid vide UTR No-N245232621968444 dated 02.09.2023. As per the respondents, applicant had neither requested nor submitted any documents/original invoices for release of payment of Composite Transfer Grant, Travelling Allowance and Transportation of personal effect.
8. Regarding issue of non-payment of PRP, respondents have stated that para 3.8(c) of Circular dated 17.05.2022 is applicable and the applicant was not PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 7 considered for payment of PRP due to non-clearance from Vigilance Division and in view of the said provisions.
9. The learned counsel for the applicant has placed on record the APAR grading for the relevant period which makes him eligible as per 3.8(a) of Circular dated 17.05.2022 (Annexure-A/17) which says that - Employees who have been awarded Grading of 'below average/inadequate poor'. He has also stated that as the disciplinary proceedings/penalty pertaining to year 2019- 20, his PRP dues for the period up to retirement except during 2019-20 should be paid.
10. Learned counsel for the respondents has referred to para 3.8(c) of the Circular dated 17.05.2022 for denying PRP to the applicant. The learned counsel for the respondents has placed Judgment in case of Western Coal Field Ltd. Vs Manohar Govinda Fulzele, Civil Appeal No. No. 2608 of 2025 @ Special Leave Petition (C) No. 10088 of 2020 where the forfeiture of gratuity was limited to 25% of the gratuity payable.
PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 8 Therefore, applicant is not eligible for his retiral benefits as claimed.
11. The learned counsel for the applicant stated that all requisite documents including original invoices for travelling/transportation of personal effects will be submitted again.
12. I have gone through the records and submission made by the counsels for both parties.
13. During argument, respondents have brought to notice letter dated 02.09.2023 vide which the following retirement dues have been paid.
(i) Gratuity : Rs. 13,97,904/-
(ii) EL Encashment : Rs. 5,90,802/-
(iii) HPL Encashment : Rs. 1,53,309/-
(iv)Composite Transfer Grant : Rs. 54,184/-
14. It appears that all terminal benefits have been paid to the applicant or under process. The issue is whether respondents are justified in withholding of PRP on account of applicant not clear from vigilance angle. PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 9
15. Though the respondents have stated in the written statement that PRP dues have been held as the applicant is not clear from vigilance angle, they have failed to bring any specific provision which allows the Respondents to withhold the pensioner benefits contrary to the Judgment of the Apex Court in Union of India Vs. K.V.Janakiraman case, reported in 1991 AIR 2020; 1991 (4) SCC 109 and the DO&PT instructions regarding vigilance clearance. In absence of that, the principles enunciated by the Apex Court and the guidelines issued by DO&PT would be applicable in adjudicating the case.
16. In view of the settled law, the respondents could not have withheld the PRP dues to the present applicant by relying on 'Non-issuance of vigilance clearance". As per the Apex Court judgment in the case of State of Jharkhand Vs. J.N. Srivastava, Civil Appeal No. 6770/2013 dated 14.08.2013, the respondents were not permitted under law to withhold the retirement benefits without expressing statutory provision. Accordingly, as the present applicant has already received most of the retirement benefits, he is entitled to receive PRP also. If the applicant will be found PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY 10 guilty in the criminal case which is under investigation under FIR registered on 09.01.2018, the respondents may take appropriate action in respect of further continuation or discontinuation of his pension as per law.
17. In view of the above, the respondents are directed to pay all balance dues including PRP within a period of three months from the date of receipt of copy of this order and in case of delay beyond this period, interest would be payable at the rate of 7.1%.
16. O.A. stands disposed. No order as to costs.
(SANJIV KUMAR) MEMBER(A) PB PRASANNA Digitally signed by O.A. No.66/2023 PRASANNA BASUMATARYBASUMATARY